Comprehensive Report on Air Law: Chicago Convention and ICAO Articles

This report provides an overview of air law and regulations, with a specific focus on the Chicago Convention and the articles of the International Civil Aviation Organization (ICAO). The report begins with an introduction to the Chicago Convention, explaining its purpose and significance in regulating international air traffic, airspace, and aircraft registration. It then delves into the key articles of ICAO, analyzing each article's implications for state sovereignty, civil aviation, air service scheduling, and various other aspects of air travel. The report covers a wide range of topics, including aircraft operations, customs regulations, disease prevention, and aircraft nationality, and explores the rights and responsibilities of states and aviation entities under the convention. The analysis highlights the legal framework and operational rules established by the convention, offering a comprehensive understanding of air law principles.

AIR LAW AND
REGULATIONS

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
Purpose of Chicago Convention.............................................................................................1
Articles of International Civil Aviation Organisation (ICAO)...............................................2
Laws and regulations effect decision making of airline management.................................16
CONCLUSION..............................................................................................................................16
REFERENCES..............................................................................................................................17

INTRODUCTION
To execute and regulate the air traffic effectively there is need to have proper rules and
laws which will be helpful to the legislative authorities in nations. In the present report there will
be discussion based on Chicago Convention which was the new reform in developing the
International Civil Aviation Organisation (ICAO) which in turn helps in regulating the air traffic
in the country. The report will highlight all the articles which were made in relation with
developing the framework of the operation.
Purpose of Chicago Convention
The preparation of that convention was in 1944 and was signed by 52 states which has
started the operations from April 1947. It is regulated by United Nations specialized agency who
promote the framework of such convention. It helps in regulating and controlling the
international sir traffic which is normally belongs to controlling the Airspace and Aircraft
registration, rights as well as safety (Dierikx, 2018). It will be beneficial to regulate and inspect
the wants and requirements in an aviation industry. However, it has brought the freedom to each
state and territory in terms of making the adequate implication of such articles and operation the
aviation system. The fruitfulness of such reforms is that it exempt the fuel charges from taxes.
Thus, it can be said that the aviation industries are not bound to pay taxes over the fuel consumed
by the aircraft. However, the freedoms which are facilitated to such nation can be as follows:
1 It the right which has been facilitated to the aviation corporation that they can fly
over a country without landing in there.
2 The right has been assigned to the aircraft and aviation entities that they can refuel
the tank and have the repair of maintenance in the foreign country.
3 One can fly from own nation to another nation (Chicago Convention, 2016).
4 One and take-off from the foreign nation to the home country.
5 The aviation company has right to fly over 2 other country for having the lending
and take-off from the home nation.
6 The aviation entity is benefited to take a fly from one foreign nation to another and
have the lending in home nation.
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7 They have right to fly over the foreign countries while not operating flights form
such countries.
8 One can have flights from two or more airports while having the operational
predicates from own nation.
9 The right is to have the flying operation in a foreign nation without operating in the
home nation.
Articles of International Civil Aviation Organisation (ICAO)
In order to develop the appropriate legal framework and operational rules and regulation
there is need to have proper access and analysis through implicating the various articles. These
are the articles which are being signed by the 52 states and it ensures the proper obey of such
principles and applications of the convention. However, the 96 articles will be analysed as
follows:
Article 1
Sovereignty It can be said that there is right to have the sovereignty and
ability to redesign the operations in every states in air space I its
territory.
Article 2
Territory The protection of the national territory and resources such as
territorial water will be adjacent as it has sovereignty, Mandate
of protection and Suzerainty.
Article 3
State and Civil Air crafts 1. The applicability of the convention only to civil aircraft.
2. The applicability of the state aircraft will come under
military, costumes and police services.
3. There is need to have proper acceptance and approval from all
the states on which the craft is flying which will be in the
written agreement.
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4. The right of civil aircraft to have due regards and regulatory
execution of state authorities.
Article 4
Misuse of Civil aviation
authorities
It has been implicated that the state aviation is restricted for
using the civil aviation in any terms or for any inconsistent
purpose.
Article 5
Non- scheduled flights In relation with such flights and operations of the aviation
entities in the contracting states does not have the right to
modify and make changes in the flight schedule of the
international flights. However, safety and security purposes
they can have the changes in the schedules and in lending
priorities.
Article 6
Air service scheduling One state cannot schedule the international flight in the
territorial perspective. It can be scheduled and modified only if
the special permission was granted to them by the authorities.
They will have the changes in the flight schedules only if the
right and permission to make changes facilitated to such states.
Article 7
Cabotage It has clearly been stated that no state has right to take
passenger, employees of make any agreement within the
national boundaries of the another nation. Therefore, to perform
such kinds of operations one should have acquired the approval
for making agreements.
Article 8
Aircraft without pilot It has been marked there that no aircraft has right to have flight
without presence of any pilot. Therefore, it will be treated as the
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dangerous action of an aviation company to take-off a flight
without any pilot.
Article 9
Prohibited locations 1. It has the rights to the state to no perform the operational
practices over such area which has some issues in relation with
the military purpose. Therefore, the issue has been rises here
with the consideration of public safety, security etc. However,
such requirements has been stated in the contracts among the
stated and may be on the alternative events which provokes the
restriction of such territory.
2. It is a right which is awarded to the state to restrict the flying
over such places which are having the issues during the
emergency, public safety and effects of such state.
3. The right is to regulate the flight such stopping it before
reaching the final destination. It will belong to the issues in 1
and 2 of the same article.
Article 10
Custom airport lending Aeroplane have permission to land across territory and shall
depart from the same custom airport only which shall be
published by State government. It has been permitted to them as
they can cross the national territory of any state without landing
in the such state while as if they land in the state than the civil
aviation organisation will have authority to conduct the custom
services.
Article 11
Air regulations The regulation states that arrival or departure of aircraft shall be
applied to states indulge in contracting despite of distinction.
The contracting state will have the adequate admission to the
departure from its territory of aircraft which will be engaged in
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the international air navigation.
Article 12
Applicability of Air rules All aircraft flying shall be abide by the rules which are
applicable to aeroplane whether flying in national territory or
not. It is mandatory for all the aircraft aviation centre to have
implication of the necessary laws and regulations specially the
craft carrying in the nationality mark.
Article 13
Regulations related to entry
and clearance
The laws apply to entry, clearance, customs and other purpose
shall be complied by passengers. It will be performed at the time
of arrival and departure of a person from a state to another.
These are the informations such as immigration, passport,
customs etc. are need to be under observation of the passenger
and the legal authority.
Article 14
Disease prevention Necessary prevention from various diseases shall be taken with
reference to sanitary measures. Mostly the diseases like cholera,
typhus, yellow fever, smallpox, plague etc. are the
communicable diseases which can be spread easily and affect
the health of the group of individual sitting in the craft.
Article 15
Charges including of
airport
Various charges shall be imposed on account of facilities
provided in air navigation.
1. If the aircraft is not able to perform the internal air services
due to any engagement in other schedules than the national
aircraft has to make arrangements for such schedules.
2. This is necessary for the national aircraft to make facilitate
the adequate services to the international air services.
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Article 16
Finding aircraft The authorities have the right to find aircraft without any delay
whether on landing or departure.
Article 17
Aircraft nationality Aircraft must have nationality of particular state registered in it.
Article 18
Double Registration Aeroplanes cannot be registered in one or more states,
registration may be easily changed.
Article 19
National regulations Registration may be made with reference to complying of
national regulations on prior basis.
Article 20
Providing marks Aircraft should display marks with which it is legally registered
while engaged in international navigation.
Article 21
Report on registration Contracting State is under liability to provide reports to ICAO
on registrations made. Here each contracting state is needed to
report the international civil aviation organisation under such
regulations which are required to control the aircraft registration
as well as air navigation services.
Article 22
Formalities All measures should be taken so that no flight delays and to
prevent delays to cargo should be made. These are necessary to
manage the flight
Article 23
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Process of immigration and
custom
Time to time procedures should be adopted with reference to
custom and immigration affecting air navigation.
Article 24
Provision related to custom
duty
Free of custom duty should be applied on fuel, lubrication oils
and other aircraft equipments.
a. There are several free duties which are need to be facilitated
by the contracting states as per the arrival of the craft in the
territory such as fuel, oil lubricants, regular equipments, spare
parts etc.
b. Importing the equipments and spare parts from the
contracting states which need to be free of cost and free from the
custom duties.
Article 25
Aircraft in discomfort Proper and practical measures which are necessary should be
permitted and provided by State authorities. It facilitates the
adequate authority to the states in which they can be helpful to
find the missing aircraft.
Article 26
Incident investigation In the event of any accident or injuries occurred in aircraft,
investigation enquiry needs to be set up by State authorities.
Article 27
Exempting from takeover of
claims of patents
No seizure of aircraft or any claim may be taken against
operator or owner.
a. There has been exemption of parts, accessories, construction,
mechanism, patents, models or designs etc.
b. State is bound to facilitate patented parts and equipments
which are necessary for the repair of the aircraft.
c. The benefits of this article is only helpful to those states
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which are having the protection for the industrial property and
laws to protect the inventions.
Article 28
Standards and air
navigation amenities
It is required to provide air navigation facilities and standard
system of codes, markings etc.
a. Facilitating the meteorological services, air navigation
facilities and various radio services which is need to be meet
with the standard.
b. This is the most adequate and appropriate standard system of
communication procedure, markings, signals, lightings, codes
etc.
C. There is need to develop the collaboration which will be
helpful in recommending the aviation industry on time to time
basis.
Article 29
Necessary documents in
aircraft
Aircraft should carry out documents such as registration
certificate or appropriate licenses.
A. The certificate of registration
B. Airworthiness certificates
C. Proper licensing of crew members
d. Log book of the trip
e. Licensing of radio station etc.
Article 30
Radio equipment Radio equipments must be installed in aircraft and flight crew
should use the same.
Article 31
Airworthiness certificate All aircraft registered under State must be imparted with
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certificate of airworthiness legally.
Article 32
Personnel's Licenses Pilot of the aircraft and other crew members should be provided
with competency certificates and other licenses by concern
State.
Article 33
Licenses and certificates'
recognition
The licenses and other certificates issued by the State authorities
shall be recognised and equal or more than minimum standards.
Article 34
Log books Log books related to various journeys should be maintained and
provided in aircraft indulge in air navigation.
Article 35
Restriction on cargo Restrictions on cargo should be imposed and prohibited from
carrying cargo above territorial boundaries.
Article 36
Restriction on Photographs No photographs shall be taken and as such, prohibition shall be
imposed on taking photographs in aircraft.
Article 37
Complying with
International standards
International standards should be adopted so that measures can
be easily taken such as implementing standards of ICAO
a. Providing better communication system and ground marking
b. Managing the landing area
c. Rules of the air traffic control
d. Licensing of the mechanical personnel
e. Airworthiness for aircraft
f. Identification and proper registration of crafts.
Article 38
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Departure from
international process
If any aircraft finds difficult to adopt standards of ICAO, then it
shall immediate write letter in not complying with international
standards to it.
Article 39
Endorsing licenses Failing to adherence to abide by standards, licenses and
certificates shall be endorsed or attach with airworthiness.
Article 40
Validity of endorsements Aircraft shall be restricted to participate in international
navigations if licenses and certificates are endorsed.
Article 41
Recognising existing
standards
No applicability to aircraft of such type prior to three years of
date should be submitted.
Article 42
Recognising existing
standards of personnel's
competency
It is not applicable to personnel's whom license was issued prior
to one year after adopting standard qualifications.
Article 43
Composition and name of
organisation
The name should be made up of Assembly, Council and named
after ICAO international authority.
Article 44
Organisation's objectives Encouraging development of airway sector, design and air
navigation facilities and safety of international civil aviation to
foster development.
a. To control the safety and growth of international civil
aviation.
b. Designing the air craft design and peaceful operations.
c. Capital development such as airways, navigation services,
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